On Thursday, September 5, 2024, The Florida Bar reported on the Judicial Ethics Advisory Committee’s (JEAC) recent opinion regarding the recusal of judges with family ties to prosecutors. The opinion, numbered 2024-14, addresses a pressing ethical concern: whether county court judges must recuse themselves from bond hearings or warrant duties when their spouse oversees the felony division at the local State Attorney’s Office.
According to the JEAC, the answer is yes. The committee emphasized that if a judge’s spouse holds a supervisory position over the prosecutors appearing before the judge, it creates a potential conflict of interest. This ruling aims to maintain the integrity of the judicial process and prevent any appearance of impropriety. The committee reiterated that the perception of fairness is paramount, stating, “Avoiding the appearance of impropriety must prevail each and every time.”
The JEAC noted that scenarios involving family affiliations with prosecutors are not uncommon. Over the years, the committee has addressed similar ethical dilemmas, reflecting the intertwined nature of family and professional relationships within the judicial system. Judges are urged to carefully evaluate whether their connections might impair their perceived ability to conduct their responsibilities with impartiality and integrity.
The committee’s role is to provide advisory opinions to judges and judicial candidates regarding the application of the Code of Judicial Conduct to their specific situations. While these opinions serve as guidance and can be cited as evidence of a judge’s good faith, they are not legally binding on the Judicial Qualifications Commission.
Source: The Florida Bar
